E.Subramani v. The Divisional Engineer

2024:MHC:6412

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.1141 of 2021 E.Subramani .. Petitioner vs 1.The Divisional Engineer, Operation & Maintenance TANGEDCO, Ottamethai, Pallipalayam, Kumarapalayam Taluk, Namakkal District.

2.The Assistant Divisional Engineer, Operation & Maintenance, TANGEDCO, SPB Colony, Pallipalayam, Kumarapalayam Taluk, Namakkal District.

3.The Assistant Engineer, Operation & Maintenance, TANGEDCO, Kokkarayanpettai, Kumarapalayam Taluk, Namakkal District.

4.N.Sekar .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing respondent nos. 1 to 3 from 1/4

providing new electricity service connection to the 4th respondent for the lands comprised in S.Erayamangalam Village Punjai S.No.367 situated at Tiruchengode Taluk, Namakkal District on the basis of the petitioner's representation dated 21.11.2020.

For Petitioner :

Ms.Vijayalakshmi for Mr.S.Viswanathan For Respondents :

Mr.N.Manokaran for R4 No appearance for R1 to R3

ORDER

Heard, Ms.Vijayalakshmi, learned counsel, appearing on behalf of Mr.S.Viswanathan, learned counsel on record for petitioner and Mr.N.Manokaran, learned counsel for R4. There is no appearance on behalf of the official respondents.

2. There is an Original Suit in O.S.No.259 of 2019 where the prayer is for a partition pending before the Sub-ordinate Judge, Tiruchengode. Hence, the petitioner cannot maintain this writ petition seeking a mandamus forbearing the official respondents in providing new electricity service connection to the 4th respondent in respect of lands at S.Erayamangalam Village Punjai S.No.367 at Tiruchengode Taluk Namakkal District. The petitioner could well put forth this prayer and 2/4

pursue the same in the civil proceedings.

3. Hence, this Writ petition is dismissed, though with liberty to move the matter before the civil judge for appropriate relief, to be considered in accordance with law. No costs. Connected Miscellaneous Petition is closed.

14.02.2024 Index:Yes mpl To 1.The Divisional Engineer, Operation & Maintenance TANGEDCO, Ottamethai, Pallipalayam, Kumarapalayam Taluk, Namakkal District.

2.The Assistant Divisional Engineer, Operation & Maintenance, TANGEDCO, SPB Colony, Pallipalayam, Kumarapalayam Taluk, Namakkal District.

3.The Assistant Engineer, Operation & Maintenance, TANGEDCO, Kokkarayanpettai, Kumarapalayam Taluk, Namakkal District.

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DR. ANITA SUMANTH,J.

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